Can Philly Use Eminent Domain to Take Over Hahnemann Hospital for Coronavirus Patients?

As Philadelphia officials negotiate to use the former Hahnemann University Hospital as quarantine or isolation space during the coronavirus pandemic, City Councilmember Helen Gym is calling for the city to consider seizing the property by eminent domain. […]

The city or state would have the power to use eminent domain, through which the government can take ownership of property that is needed for public use. […]

Whether the city can benefit from using eminent domain may depend on whether it’s able to seize the temporary use of the property — such as through a lease — rather than having to buy the property outright. […]

But George Kroculick, an attorney specializing in eminent domain cases at law firm Duane Morris in Philadelphia, said the practice does not require public bodies to take ownership of property that they condemn.

To read more of Mr. Kroculick’s comments, please visit the Duane Morris website.

HHS Activates DEA Exemption to Allow Remote Prescribing of Controlled Substances

In order to facilitate social distancing measures during the COVID-19 pandemic, state and federal regulatory agencies are moving quickly to permit providers to continue to provide medical care through telemedicine. On March 16, 2020, Alex Azar, the Secretary of Health and Human Services, has declared a public health emergency and, therefore, activated the telemedicine allowance under 21 U.S.C. § 802(54)(D). Per the Secretary, this applies to all schedule II-V controlled substances in all areas of the United States for as long as the public health emergency declaration is in place so long as certain conditions are met.

To read the full text of this post by Duane Morris attorney Ryan Wesley Brown, please visit the Duane Morris Health Law Blog.

U.S. Army Corps of Engineers to Award Contracts to Convert Existing Buildings into ICU-like COVID-19 Treatment Facilities, Starting in New York

During a press conference on March 20, 2020, the U.S. Army Corps of Engineers (USACE) discussed plans to assist state-level COVID-19 relief efforts. USACE support will include the conversion of existing, underutilized buildings such as hotels, college dormitories and potentially large spaces into ICU-like treatment facilities. Specifically, state governments will nominate and lease facilities, USACE will award construction contracts for building modifications, FEMA and/or HHS will provide necessary supplies, and then state governments will provide staffing.

To read the full text of this Duane Morris Alert, please visit the firm website.

New Jersey Orders Citizens to Stay at Home Amid COVID-19 Pandemic

On March 21, 2020, Governor Phil Murphy issued Executive Order 107 mandating that New Jersey citizens stay home and that nonessential businesses close, with limited exceptions, until further notice. Governor Murphy also issued Executive Order 109, indefinitely postponing all elective surgeries and invasive medical procedures as of March 27, 2020. These restrictions are the state’s latest measures to curb the outbreak of the coronavirus (COVID-19).

To read the full text of this Duane Morris Alert, please visit the firm website.

OCR Loosens HIPAA Enforcement Amidst Coronavirus Pandemic

Let’s face it, there has not been much positive news lately surrounding the Coronavirus (“COVID-19”).  However, the Office For Civil Rights (“OCR”), the agency within the Department of Health and Human Services (“HHS”) that enforces the Health Insurance Portability and Accountability Act (“HIPAA”) Privacy and Security Rules, announced several recent measures to allow health care providers avoid certain HIPAA penalties and sanctions amidst the COVID-19 pandemic.

There are several measures OCR/HHS has taken to lessen the regulatory burden of HIPAA for health care providers amidst COVID-19.

To read this full blog post by Duane Morris partner Neville Bilimoria, please visit the Duane Morris Health Law Blog.

Navigating Supply Chain Issues in Light of the Coronavirus Pandemic

This podcast is the first in a series that will focus on legal issues critical to responding to and recovering from the COVID-19 pandemic for healthcare facilities. In the podcast, Delphine O’Rourke, Partner at Duane Morris LLP, and Michelle Johnson Tidjani, Senior Vice President, General Counsel and Corporate Secretary of Henry Ford Health System, talk about how hospitals can secure their supply chains in these uncertain times. In addition, O’Rourke and Tidjani discuss contract management issues and give practical pointers on establishing an incident command center to ensure clinical and business issues are addressed.

To listen to the podcast, please visit the AHLA Podcasts website.

© 2009- Duane Morris LLP. Duane Morris is a registered service mark of Duane Morris LLP.

The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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